ASBURY v. CITY OF RALEIGH

No. 7910SC1158.

268 S.E.2d 562 (1980)

48 N.C. App. 56

Geneva R. ASBURY, Administratrix of the Estate of Gregory Lee Watkins, Deceased, Plaintiff, v. The CITY OF RALEIGH, North Carolina, a Municipal Corporation; Raleigh City Coach Lines, Inc., a North Carolina Corporation; the Capital Area Transit System and Drury Fisher Spain, Defendants.

Court of Appeals of North Carolina.

August 5, 1980.


Attorney(s) appearing for the Case

William A. Smith, Jr., Raleigh, for plaintiff-appellant.

Allen, Steed & Allen by Thomas W. Steed, Jr., and William D. Dannelly, Raleigh, for defendants-appellees.


CLARK, Judge.

The plaintiff challenges as error the trial court's granting of defendant's motion for summary judgment.

The plaintiff first argues that there were several genuine issues of material fact as to defendant's negligence. We see no need to address each of these factual issues because the uncontradicted testimony and statements in the supporting depositions and affidavits clearly show that decedent was contributorily negligent and that decedent's...

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